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CASEY v. AETNA CASUALTY & SURETY CO.

No. 45,691

205 Kan. 495 (1970)

470 P.2d 821

BETTY JEAN IBARRA CASEY and DENICE IBARRA, a minor, Appellees, v. THE AETNA CASUALTY AND SURETY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1970.

Attorney(s) appearing for the Case

Charles O. Thomas, of Weeks, Thomas, Lysaught, Bingham and Johnston, of Kansas City, argued the cause, and Leonard O. Thomas, of the same firm, was with him on the brief for the appellant.

Robert L. Boyce, Jr., of Boyce and Washburn, of Kansas City, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a suit against an insurance company to recover medical bills under the medical payments coverage of an automobile insurance policy.

The controlling question on appeal is whether the "other insurance" provision of the insurance policy is ambiguous and subject to construction in the insured's favor.

On the 13th day of October, 1967, an automobile being driven by Craig Wignall and...

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